BRIJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in appeal is to the judgment dated 24.05.2003 and order dated 26.05.2003 passed by Sh. A.S.Narang, Addl. Sessions Judge, Panipat, vide which the accused Brij Pal has been convicted for the commission of offence under Section 25 of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo simple imprisonment for a period of six months.

(2.) Briefly, stated Brij Pal and Bablu (since acquitted) were sent to stand trial for the alleged commission of offence punishable under Sections 392 read with Section 397 IPC and 25 of Arms Act, in respect of FIR No.368 dated 10.11.2001, Police Station Chandni Bagh.

(3.) The case of the prosecution as enumerated from the record is that on 10.11.2001, SI. Mehar Singh along with other police officials were on patrolling duty. When S.I. Mehar singh was passing from near the house of Bal Kishan (complainant), he heard some noise. He along with the help of other police officials apprehended a boy alighting from the stair of the house of the complainant. That boy was carrying a loaded .315 bore countrymade pistol. The pistol was unloaded. A rough sketch of the pistol was prepared, when on the search of the person of the boy was carried out, two live cartridges were recovered from the right pocket of the shirt. After taking the pistol and the cartridges in possession S.I. Mehar Singh recorded the statement of Bal Kishan (complainant). Who has stated that he is a resident of Shiv Nagar, Panipat and was carrying on the furniture shop at Sanjay Chowk, Panipat. Bablu, a resident of District Muzaffar Nagar, was working as a servant at his shop. Accused Brij Pal used to come to this shop to meet Bablu. On that day, at about 2.30 P.M. he had left his shop and has come to his house for having the meals. After having the meals he was resting in his room. In the meantime, Bablu armed with a knife and Brij Pal armed with a countrymade pistol came there. Brij Pal aimed the pistol at his neck and both the accused asked him to hand over the gold ring, gold chain and anything else with him, otherwise, he would be murdered.